JUST 225 Exam 3 Parsons JMU

Elizabeth Cady Stanton and Lucretia Mott

Organized the Seneca Falls Convention

Seneca Falls Convention (1848)

- Organize them to social, economic and political issues.

- Public and Private dichotomy

Women's issues happened in private

- Historically hasn't been seen as a problem of the state

State didn't get involved in relationships.

- Must allow the state into the private sphere.

- Key debate over inclusion of right to the vote.

- Instrumental in spreading the women's rights movement to national level.

- Grievances are not unique to the individual

- Articulates a list of shared grievances

American Woman Suffrage Association (1869)

Organized by Lucy Stone and Henry Blackwell.

Support for 15th Amendment and then later women

National Woman Suffrage Association (1869)

Organized by Stanton and Susan B. Anthony

Opposed 15th Amendment unless it included women.

Because it specifically expands based on race to men but ignores women.

- Concerned that if the 15th were to be passed it would overshadow the movement.

Nation American Woman Suffrage Association 1890 (NAWSA)

- Merging of both women's groups.

- State Level Strategy: If you can get states to approve the expansion to women it will eventually be enough to get women's rights into the constitution.

In order for an amendment to be ratified you need a certain number of states to support it

- Easier to work at the state level: Requires less resources.

Make appeals at a localized level.

Specialized arguments with economic context and social context.

BEFORE 19th Amendment

SOME states had full voting rights to women. SOME said they could only vote in certain elections. SOME said women can't vote at all.

19th Amendment (1920)

- Granted women the right to vote (specifically). Equal participation not denied on the basis of gender.

- None of Seneca Falls female signatories were able to participate in 1st election

- Most had died and one was bed ridden.

First Wave of Women's Liberation Movement: Suffrage

- Getting the right to vote.

- The expectation that once you secure the right to vote you have the ability to demand other things

- Feminism is the theory of the political, economic, and the social equality of the sexes.

Second Wave of Women's Liberation Movement: Feminism (1960s-1980s)

The Personal is Political

- Referring to the private/ public dichotomy

- The rights that are enjoyed should be protected in all realms

Legal Strategy

- Trying to use the 14th amendment

(Equal protection clause)

- Get the court to recognize that violation of rights is not okay

States and courts have a responsibility to protect those rights as well.

1970s:

- The supreme court decides that the 14th amendment includes sex discrimination

- Whether or not a woman has children cannot determine whether or no they are employed

- Illegal for employers to take unpaid maternity leave

- Adulthood should start at the same age for men and women

- Rape is not punishable by death

Equal Rights Amendment

- Big Cause of the Second Wave

- Trying to get its ratification is apart of the big strategy

Third Wave of Women's Liberation Movement Feminism: (1980s through Present)

- The second wave is criticized because much of the emphasis is based on the experience of white middle class women.

- Universal Womanhood

- Intersectional

Why are many uncomfortable with identifying as a feminist?

- Stigma that if your a feminist you hate men.

- Views are seen as radical.

- Inaccurate representation.

- Stereotypes.

- The 2nd wave wasn't inclusive.

- Alternative: Humanist

Sex-Positivity Movement

- Combating Hypersexuality

- Your value as a person is not affected by how manys sexual partners you have

- Consent

Do men need feminism?

Co-operative, functional and successful relationship

Intersectionality

-Credited to legal scholar Kimberlé Crenshaw (1989)

- Oppressive systems do not act independently of one another

- Sources of injustice and social inequality are multidimensional

- Overlapping and intersecting social identities can compound injustices

Sojourner Truth

- Feminist and abolitionist

- "Ain't I A Woman" poem at the 1851 Ohio Women's Rights Convention

Department of Labor

- 12% of private sector employees have access to paid family leave

- 33% of working moms do not take time off

Motherhood Penalty

- A wage penalty that women face in the workplace. Mom is more likely to take off work.

- 19% less likely to be promoted

- 4% wage decrease penalty for each child

Feminization of Poverty

- 62.8% of minimum wage workers are women

- US has more homeless women and children than any other industrialized nation

Challenges to Status Quo: Maggie's List

Descriptive Representation

- Committee focused on electing conservative women to federal public office. Finding the importance of providing support to women interested in running for US congress.

Challenges to Status Quo: Emily's List

Descriptive Representation

- American political action committee that aims to help democratic female candidates in favor of abortion rights to office. Raises money to donate to election candidates that are pro-choice candidates.

Challenges to Status Quo: Pink Tax

Korean women stopped spending on the first Sunday of every month in a move to protest against gender discrimination and expel the pink tax. This was to show that without women consumers then industries will suffer. The pink tax is where women pay more than men on personal care items while earning less. It's unfair gender-based price discrimination.

Challenges to Status Quo: Women's March

Worldwide protest on January 21, 2017, the day after the inauguration of Donald Trump as US president. It was prompted by several of Trump's statements being considered by many as anti-women or otherwise offensive to women. The goal was to advocate legislation and policies regarding human rights and women's rights, healthcare reform. LGBTQ community, racial equality etc.•

Challenges to Status Quo: #Metoo Movement

Sexual violence. Show sexual abuse survivors that they are not alone. Helps raise awareness about sexual violence and how widespread sexual assault is.

Challenges to Status Quo: #times up

Connecting those who experience sexual misconduct in the workplace or in trying to advance their careers with legal assistance.

Challenges to Status Quo Legislation/Policies: Equal Pay Act

Men and women in the workplace be given equal pay.

Fair Pay and Equal Work Value Lilly Ledbetter Fair Pay Act

Adjusts Statute pf Limitations to reset with each discriminatory paycheck. Allows individuals who face pay discrimination to rectify under federal anti-discrimination laws. This makes it easier for women to challenge unequal pay in court.

Equal Pay and Equal Work Value: Paycheck Fairness Act of 2021

Sex includes pregnancy, sexual orientation, gender identity, and sex characteristics Employer defense is limited to actual job-related factors Unlawful to prohibit employee from sharing info on wages Increase civil penalties for violations EEOC must train employees on wage discrimination Creates national awards for employers

Equal Rights Amendment

Written in 1923 Sent to states in 1972; only 37 of the 38 needed state ratifications

Until 2020 with VA's Approval

Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.

SOGIE

An acronym for sexual orientation, gender identity, and gender expression.

Mattachine Society

(1950) Goals of social acceptance and assimilation into society.

Raise specific questions: one individual to change themselves to fit society, or change society to fit themselves.

American Psychiatric Association

(1952) Lists homosexuality as a sociopathic personality disturbance (removed in 1973)

Eisenhower Executive Order

(1953) Bans homosexuals from working for federal government

Repealing Sodomy Laws

First done by Illinois. 19 states followed in the 1970s - Model Legal Code. By 2002, 36 states repealed laws or courts declared unconstitutional

Lawrence v. Texas

Represented by lambda legal. Made same-sex sexual activity legal in every state.

Bowers v. Hardwick

The Supreme Court ruled that the Constitution does not protect the right of gay adults to engage in private, consensual sodomy.

Stonewall Inn Riots

Stonewall riots, also called Stonewall uprising, series of violent confrontations that began in the early hours of June 28, 1969, between police and gay rights activists outside the Stonewall Inn, a gay bar in the Greenwich Village section of New York City.

One year anniversary becomes first pride parade.

Marsha P. Johnson and Sylvia Riviera

Key Organizers of the Stonewall Riots.

Maryland

First state to ban civil marriage between persons of the same sex

Lambda Legal

First legal organization established to fight for the equal rights of gays and lesbians. Becomes its first client when denied non-profit status

Gilbert Baker

Created the rainbow flag

Clinton Presidency

- Don't Ask; Don't Tell Policy (ban of harassment against homosexuals in the military) Don't ask if someone is because we don't wanna know. If you are you could get kicked out.

- Defense of Marriage Act (deny of same-sex marriage)

Obergefell v. Hodges (2015)

Due Process and Equal Protection Clause guarantee a fundamental right to marry.

LGBTQ Cases (2016-2017)

- Federal court strikes down MS ban on same-sex couple adoption•

- SC reverses Arkansas SC and requires that states treat same-sex couples equal to opposite sex couples on birth certificates

Continued Struggles (LGBTQ+)

Violence against

transgender women

- 3 out of 4 lethal anti LGBT hate crimes are committed against trans women

Bathrooms/Sports/Books debates

Comprehensive non-discrimination laws

- June 2020-Bostock Decision-discrimination against LGBT people is barred by the civil right act-sex include sexual orientation and gender identity

Hate Crimes-Shepard Byrd Act of 2009

- First statute allowing federal criminal prosecution of hate crimes motivated by the victim's actual or perceived sexual orientation or gender identity

Conversion Therapy and Gender Affirming care

Human Rights

The minimum set of goods, services, opportunities, and protections that are widely recognized today as essential prerequisites for a life of dignity. Government can restrict your enjoyment of them.

Pre-World Wars

Sovereignty Supreme.

Regulates rights to realm of states for citizens in a social contract

WW2 and The Holocaust

Mass murders of 6 million jews, 500,000 Roma and thousands of political dissidents

It is not an established international legal offense

Nuremberg War Crimes Trials

Highly publicized proceedings against former Nazi leaders for war crimes and crimes against humanity as part of the Allies denazification program in postwar Germany. The trials led to several executions and long prison sentences.

Nuremberg War Crimes Trials (1945)

- Crimes against peace (aggressive war)

- War Crimes

- Crimes Against Humanity

United Nations

• 193 Member States• UN Security Council: maintaining international peace and security

• 5 permanent members

- China, France, Russia, United Kingdom, and United States• 10 non-permanent members• Elected by general assembly, two-year terms, geographic representation

UN Security Council

maintaining international peace and security

Migration Status: Migrant

Decision to migrate made freely

Migration Status: Asylum-Seeker

- More than 4 million

- Application for asylum is processed while in the destination country.

Migration Status: Refugees

- More than 26 million

- Fled for fear of persecution

- Gone through the UNHCR (refugee application process) while they are still in their own county

- Harrisonburg is a refugee settlement city

Internationally Displaced Person (IDP)

Someone who has been forced to migrate for similar political reasons as a refugee but has not migrated across an international border.

Stateless Person

- Estimated more than 10 million people

- Country of nationality who holds their passport is in dispute

- Lost birth certificate while you flee

- Children who are born in conflict

Immigration: Paths to a Green Card (Permanent Residency)

Refugee/Asylee status

Employment

- Priority workers with extraordinary ability

- Low-skilled jobs (5,000 a year)

- Supply and Demand: As long as there are jobs available, people will come. There are a set of jobs in the U.S. that is hard to get Americans to do.

Most illegal immigration is due to over stays

- Immediate relative of U.S. citizen (unlimited)

Family Sponsored (226,000 a year)

Diversity Lottery

Only countries with low rates of immigration

55,000 a year

Defining Disability

Legal (ADA): "The term 'disability' means, with respect to an individual;

- "(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;

- "(B) a record of such an impairment; or

- "(C) being regarded as having such an impairment"

Language and Power in Regards to Disability

- Language reflects and reinforces ableism

- 'Disability'

- 'Nice' words (handicapable)

Not nice words

- R word; "crippled"; "Lame"

- Reclaim or find better language

- Need better or richer representation in media

Models of Disability: Charity

Depicts disabled people as victims of circumstance, deserving of pity. This and Medical Model are probably the ones most used by non-disabled people to define and explain disability.

Models of Disability: Medical

Holds that disability results from an individual person's physical or mental limitations, and is largely unconnected to the social or geographical environments.

Assumes that the first step solution is to find a cure or make disabled people more "normal"

Models of Disability: Social

Views disability as a consequence of environmental, social and attitudinal.

Challenges:

1) as the population gets older the numbers of people with impairments will rise and making it harder for society to adjust.

2) difficult to understand, particularly by dedicated professionals in the fields of charities and rehabilitation. These have to be persuaded that their role must change from that of "cure or care" to a less obtrusive one of helping disabled people take control of their own lives

Models of Disability: Human Rights/ Legal

It recognizes that disability is a natural part of human diversity that must be respected and supported in all its forms.

Models of Disability

- Charity/pity

- Medical

- Social

- Human rights/legal

Buck v. Bell (1927)

Set a legal precedent that states may sterilize inmates of public institutions. The court argued that imbecility, epilepsy, and feeblemindedness are hereditary, and that inmates should be prevented from passing these defects to the next generation.

Carrie Buck

Unlawfully sterilized in 1927 because she was falsely diagnosed as feeble-minded and promiscuous.

Growing Disability Rights Movement: Causes

Segregation and shame

- Ugly Laws

- Institutionalization - Employment discrimination

- Ableism and social barriers

Growing Disability Rights Movement: 1800s

education and communication (esp. Deaf and Blind)

Gallaudet 1864; Braille; Sign Language

Growing Disability Rights Movement: 1960s

Ignited major activism.

"Nothing about us without us".

Individuals with Disabilities Education Act (1975)

Ensured that students with disabilities would receive a Free Appropriate Public School Education.

Virginians with Disabilities Act (1985)

(served as one model for ADA for 5 years later). Prohibits employment practices that discriminate against qualified individuals with a disability

Americans with Disabilities Act (ADA)

A civil rights law that prohibits discrimination based on disability

Modeled after Civil Rights Act of 1964

Equal opportunity

Legacy of the ADA

Struggles:

Employment and socioeconomic issues

Access to health care

Education; underfunding of IDEA

Lack of enforcement of ADA Gun Violence and other conversations that perpetuate myths

Social barriers (stigma, shame, pity, lack of access, mis/under representation)

Technology and Future Challenges:

Prolonged lives/increased disability

Technology raises new ethical and social debates Ex: cochlear implants, prenatal testing, ageism, physician-assisted suicide

Globally:

United Nations, Convention on the Rights of Persons with Disabilities

Obama signed, but US has not ratified

Lynchburg Eugenics Video

- Allowed under Virginia law passed in 1924

- Home to VA eugenics policies, forced sexual sterilization due to being disabled

- America's largest asylum, home of "feeble-minded" or poor, ill-educated, disabled, epileptic

- Some not told why they were there

- 8,300 people were sterilized

- Thousands were forcibly brought from rural communities, orphans, families,

Laughlin's Law

Wanted to keep the white race, as "pure as possible". Teenagers, who had been raped, had children out of wedlock, stolen things, etc, were put in these institutions.

Eugenics

Science of being "well-born", allowing those who are healthy to have children and those who are "unhealthy" to not have children

TAB Privilege

Temporarily able-bodied: don't currently need accommodations to go about daily life, but that can change at any moment

Conversion Therapy and Gender-Affirming Care

- Have been efforts in recent decades to prohibit conversion therapy

- Talks about orientation being a flaw, something that you can change

- States banning gender-affirming care for those under-18

- Includes, hormones, surgeries, beta-blockers, stopping puberty

- Criminalizing doctors for prescribing gender

Capitalism

Economic system that prioritizes private property and ownership with limited government involvement. Came about during the industrial revolution.

Laissez-faire V Keynesian Capitalism

Keynesian

- Gov regulation in times of recovery

- Boost economy after depression

LF

- Little to no government involvement in the economy.

Social Cleavages and Cross-Cutting Cleavages

Economic and political system maintains separate levels of oppression

American Dream narrative as social control

- Blames the person for their class (work ethic, etc.)

- In reality, those born into poverty have a much harder time leaving that class

Poverty Shaming and Policing

Most moral capital-paid work, subsistence work

Least moral capital-disability, unemployment

Negative moral capital-welfare, illegal activities

The Labor Movment

Stimulus for insurgent consciousness

- Values of democracy

- Labor theory of value

Differs from previously discussed movements because inherently economic

American federation of labor-congress of industrial organizations-1886

- Umbrella union-lots of unions underneath this org

New Deal: National Labor Relations Act of 1935

Guarantees collective bargaining through unions of your choice

New Deal: Fair Labor Standards Act of 1938

- Max work week 44 hours

- Min wage .25/hr

- Child labor (none under 16)

Taft-Hartley Act (1974)

- Allows for firing employees participating in certain behaviors

- Allows states to set restrictions

Modern Challenges (Labor)

- Outsourcing of manufacturing jobs

Right to work Legislation (28 states)

- Affirming the right of every American to work for a living without being compelled to a union

- Takes away power of union

Debated in other states and potentially nationally

Edin and Lein (1995)

Working can be more expensive than being welfare-reliant

Living Wage

- Alternative to federal poverty measure

- Geographically specific data on costs of food, childcare, health insurance, housing, transportation, and other basic necessities

- Considered minimum subsistence wage

Labor: Systemic Change

Social Democracy/Welfare State

- Guarantees Political Rights and Civil Liberties but also Social Justice

- Equality in Opportunity and Outcomes

States assume responsibility for the general welfare of its population

Can utilize some degree of public enterprise

- State ownership of companies that compete in the market

Migrant

Decision to migrate made freely

Asylum-Seeker

Application for asylum is processed while in the destination country.

Refugees

- Fled for fear of persecution

- Gone through the UNHCR (refugee application process) while they are still in their own county

- Harrisonburg is a refugee settlement city

Deferred Action for Childhood Arrivals (DACA)

- Created in 2012

Currently: must have status before 7/16/21

- Can't have criminal offenses

- Wasn't a path to citizenship

- $500 to renew it.

- Ethical issue

- Can't vote

- Was supposed to be temporary

DREAM Act

- Permanent solution to the DACA act

- Continuously live the US for 5 year

- Graduated from high school

- Good moral character

Boys Beware (1961)

- Gays were treated as pedophiles

- A choice that they actively make

- Teenager also charged along with the older male

- Treated as a disease, likened to smallpox

- Do not leave room for questioning, self doubt

Rawls' Two Principles of Justice

1. Equal liberty and rights for all

2. Difference principle - social and economic inequalities are to be arranged so that they maximize the minimum; to benefit the least advantaged and equal opportunity for all (this doesn't necessarily mean that money is distributed evenly).

Moral Powers of the Principles of Justice

- People can propose and act on principles of justice

- People can hold, revise, and pursue a conception of good

- We can conceptualize what justice means and we can shape our behavior according to this.

- Together we can decide what good looks like and we can work towards it.

- Something that is possible within a society.

- Collectively we can define what is just.

- We can reject our extreme differences as they will violate what society defines as just. You would have to have some differences in order to fully participate in this common conception of good

Rawls

Does NOT reject that inequality won't exist but that they are necessary particularly in wealth because people won't work for what they want.

Argument: if inequality is not protecting those that are worse off then it is violating the difference principle.

How do we do this: we redistribute taxes. Making sure that those who most benefit from the system are paying back to those that aren't.

Main Argument: Most moral economic system is the one that provides for the least well-off better than any alternative system.